```

[Federal Register Volume 89, Number 247 (Thursday, December 26, 2024)]
[Proposed Rules]
[Pages 104944-104946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30413]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2024-0563; FRL-12442-01-R9]

Air Plan Approval; California; Mojave Desert Air Quality 
Management District; Oxides of Nitrogen

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a revision to the Mojave Desert Air Quality Management District 
(MDAQMD) portion of the California State Implementation Plan (SIP). 
This revision concerns emissions of oxides of nitrogen (NOX) 
from industrial, institutional, and commercial boilers, steam 
generators, and process heaters. We are proposing to approve a local 
rule to regulate these emission sources under the Clean Air Act (CAA or 
the Act). We are taking comments on this proposal and plan to follow 
with a final action.

DATES: Comments must be received on or before January 27, 2025.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2024-0563 at https://www.regulations.gov. For comments submitted at 
Regulations.gov, follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. The EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e., on the web, cloud, or other file sharing system). For 
additional submission methods, please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public 
comment policy, information about CBI or multimedia submissions, and 
general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. If you need assistance in a 
language other than English or if you are a person with a disability 
who needs a reasonable accommodation at no cost to you, please contact 
the person identified in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: La Kenya Evans-Hopper, EPA Region IX, 
75 Hawthorne St., San Francisco, CA 94105; phone: (415) 972-3245; 
email: [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' 
and ``our'' refer to the EPA.

Table of Contents

I. The State's Submittal
    A. What rule did the State submit?
    B. Are there other versions of this rule?
    C. What is the purpose of the submitted rule revision?
II. The EPA's Evaluation and Action
    A. How is the EPA evaluating the rule?
    B. Does the rule meet the evaluation criteria?
    C. Proposed Action and Public Comment
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rule did the State submit?

    Table 1 lists the rule addressed by this proposal with the dates 
that it was adopted by the local air agency and submitted by the 
California Air Resources Control Board (CARB).

                                             Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
            Local Agency                  Rule No.            Rule title            Amended         Submitted
----------------------------------------------------------------------------------------------------------------
MDAQMD..............................            1157   Boilers and Process            09/25/23         01/10/24
                                                        Heaters.
----------------------------------------------------------------------------------------------------------------

[[Page 104945]]

    On July 10, 2024, the submittal for MDAQMD Rule 1157 was deemed by 
operation of law to meet the completeness criteria in 40 CFR part 51 
appendix V.

B. Are there other versions of this rule?

    On June 16, 2023, (88 FR 39366), we finalized a limited approval 
and limited disapproval of Rule 1157 as adopted on January 22, 2018. 
The MDAQMD adopted revisions to the SIP-approved version on September 
25, 2023, and CARB submitted them to us on January 10, 2024. If we take 
final action to approve the September 25, 2023 version of Rule 1157, 
this version will replace the previously approved version of this rule 
in the SIP.

C. What is the purpose of the submitted rule revision?

    Emissions of NOX contribute to the production of ground-
level ozone, smog, and particulate matter (PM), which harm human health 
and the environment. Section 110(a) of the CAA requires States to 
submit plans that provide for implementation, maintenance, and 
enforcement of the national ambient air quality standards (NAAQS). In 
addition, CAA section 182(b)(2) requires that SIPs for ozone 
nonattainment areas classified as ``Moderate'' or higher implement RACT 
for sources covered by a control techniques guidelines (CTG) document. 
The MDAQMD relies on Rule 1157 to establish RACT level controls for 
covered sources within the MDAQMD portion of the West Mojave Desert 
ozone nonattainment area.
    Revised Rule 1157 establishes emission limits of NOX and 
carbon monoxide (CO) for boilers, steam generators, and process heaters 
(units) with rated heat inputs of greater than or equal to 5 million 
Btu per hour (MMBtu/hr). Rule 1157 is applicable to new and existing 
boilers, steam generators, and process heaters within the Mojave Desert 
portion of the West Mojave Desert ozone nonattainment area. The updated 
rule removed section (E)(1)(b)(iii), allowing the rule to be consistent 
with EPA's startup, shutdown, and malfunction (SSM) policy and the 
Credible Evidence Rule. The rule revisions also made several clarifying 
and enforceability-enhancing edits. The updated rule added a definition 
for ``Gas Curtailment'' to clarify that the rule exempts times of 
unexpected gaseous fuel delivery prevention and does not include 
increases in the market prices of gaseous fuel. The rule also corrected 
the sample calculation in section (C)(3)(a)(iv) to reflect the current 
rule's emission limits that would be used to calculate a weighted 
average. Finally, Rule 1157 was revised to update test methods for the 
determination of the higher heating value to the most recent EPA-
approved methods.
    The EPA's technical support document (TSD) has more information 
about this rule.

II. The EPA's Evaluation and Action

A. How is the EPA evaluating the rule?

    Rules in the SIP must be enforceable (see CAA section 110(a)(2)), 
must not interfere with applicable requirements concerning attainment 
and reasonable further progress or other CAA requirements (see CAA 
section 110(l)).
    Generally, SIP rules must require reasonably available control 
technology (RACT) for each major source of NOX in ozone 
nonattainment areas classified as ``Moderate'' or above (see CAA 
section 182(b)(2) and (f)). The MDAQMD regulates ozone nonattainment 
areas classified as Severe for the 1979 1-hour ozone standard (the 
Southeast Desert Modified Air Quality Management Area) as well as for 
the 1997, 2008, and 2015 8-hour ozone NAAQS (the Western Mojave Desert 
ozone nonattainment area) (see 40 CFR 81.305). Therefore, this rule 
must implement RACT.
    In our June 16, 2023 action, we found that Rule 1157 was largely 
consistent with the relevant CAA requirements, including RACT. However, 
in that rulemaking we identified certain deficiencies that prevented 
full approval of Rule 1157. As a result, in this rulemaking, we focus 
our analysis primarily on the revisions that have recently been made to 
Rule 1157.
    Guidance and policy documents that we used to evaluate 
enforceability, revision/relaxation, and rule stringency requirements 
for the applicable criteria pollutants include the following:
    1. ``Issues Relating to VOC [volatile organic compound] Regulation 
Cutpoints, Deficiencies, and Deviations,'' EPA, May 25, 1988 (the 
Bluebook, revised January 11, 1990).
    2. ``Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    3. ``NOX Emissions from Industrial/Commercial/
Institutional (ICI) Boilers,'' EPA 453/R-94-022, March 1994.
    4. ``Withdrawal of the October 9, 2020, Memorandum Addressing 
Startup, Shutdown, and Malfunctions in State Implementation Plans and 
Implementation of the Prior Policy,'' EPA, September 30, 2021.
    5. ``State Implementation Plans: Response to Petition for 
Rulemaking; Restatement and Update of EPA's SSM Policy Applicable to 
SIPs; Findings of Substantial Inadequacy; and SIP Calls to Amend 
Provisions Applying to Excess Emissions During Periods of Startup, 
Shutdown and Malfunction,'' EPA, June 12, 2015, 80 FR 33839.
    6. ``Inclusion of Provisions Governing Periods of Startup, 
Shutdown, and Malfunctions in State Implementation Plans,'' EPA October 
9, 2020.
    7. ``Determination of Reasonably Available Control Technology and 
Best Available Retrofit Control Technology for Industrial, 
Institutional, and Commercial Boilers, Steam Generators, and Process 
Heaters,'' CARB, July 18, 1991.

B. Does the rule meet the evaluation criteria?

    In our 2023 action, we determined that section (E)(1)(b)(iii) of 
Rule 1157, which provided that ``[n]o compliance determination shall be 
established based on data obtained from compliance testing, including 
integrated sampling methods, during a start-up period or shut-down 
period,'' was not consistent with the EPA's SSM policy and Credible 
Evidence Rule because it forbids the use of credible evidence 
(compliance testing data generated during startup and shutdown periods) 
in establishing violations of the applicable emissions limit. In 
addition, the rule revision removed the definitions of ``start-up 
period'' and ``shut-down period,'' making the scope of this provision 
unclear. The District has corrected this deficiency by removing section 
(E)(1)(b)(iii) from Rule 1157. In addition, the District made other 
improvements to Rule 1157 based on EPA's prior recommendations. The TSD 
has more information on our evaluation.
    Considering the most recent revisions to Rule 1157, we propose to 
fully approve Rule 1157 because it meets all applicable CAA 
requirements and is consistent with relevant guidance regarding 
enforceability, RACT, and SIP revisions. If we finalize this rulemaking 
as proposed, MDAQMD will have corrected the deficiencies identified in 
our prior action, and all sanction and Federal implementation plan 
clocks started by our June 16, 2023 action would be permanently 
stopped. We are concurrently making an interim final determination to 
defer CAA section 179 sanctions associated with our June 16, 2023 
rulemaking finalizing a limited approval and limited disapproval of 
Rule 1157. Consistent with our order of sanction regulations,\1\ this

[[Page 104946]]

determination is based on this proposal to approve SIP revisions from 
the District that resolve the deficiencies that were the basis of our 
prior disapproval that triggered sanctions under section 179 of the 
CAA.
---------------------------------------------------------------------------

    \1\ 40 CFR 52.31.
---------------------------------------------------------------------------

C. Proposed Action and Public Comment

    As authorized in section 110(k)(3) of the Act, the EPA proposes to 
approve the submitted rule because it fulfills all relevant 
requirements. We will accept comments from the public on this proposal 
until January 27, 2025. If we take final action to approve the 
submitted rule, our final action will incorporate this rule into the 
federally enforceable SIP. In addition, it will permanently stop the 
sanctions and Federal implementation plan (FIP) clocks started by our 
June 16, 2023 final action.

III. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference the MDAQMD Rule 1157, ``Boilers and Process Heaters,'' 
amended on September 25, 2023, which regulates NOX and CO 
emissions from industrial, institutional, and commercial boilers, steam 
generators, and process heaters, as described in section I of this 
document. The EPA has made, and will continue to make, these materials 
available through https://www.regulations.gov and at the EPA Region IX 
Office (please contact the person identified in the FOR FURTHER 
INFORMATION CONTACT section of this preamble for more information).

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to approve State choices, 
provided that they meet the criteria of the Act. Accordingly, this 
proposed action merely proposes to approve State law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by State law. For that reason, this proposed action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11, 2023);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it proposes to approve a State program;
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA.
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the EPA or an Indian Tribe 
has demonstrated that a Tribe has jurisdiction. In those areas of 
Indian country, the rule does not have Tribal implications and will not 
impose substantial direct costs on Tribal governments or preempt Tribal 
law as specified by Executive Order 13175 (65 FR 67249, November 9, 
2000).
    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on communities with environmental justice 
(EJ) concerns to the greatest extent practicable and permitted by law. 
Executive Order 14096 (Revitalizing Our Nation's Commitment to 
Environmental Justice for All, 88 FR 25251, April 26, 2023) builds on 
and supplements Executive Order 12898 and defines EJ as, among other 
things, ``the just treatment and meaningful involvement of all people, 
regardless of income, race, color, national origin, Tribal affiliation, 
or disability, in agency decision-making and other Federal activities 
that affect human health and the environment.''
    The State did not evaluate EJ considerations as part of its SIP 
submittal; the CAA and applicable implementing regulations neither 
prohibit nor require such an evaluation. The EPA did not perform an EJ 
analysis and did not consider EJ in this action. Due to the nature of 
the action being taken here, this action is expected to have a neutral 
to positive impact on the air quality of the affected area. 
Consideration of EJ is not required as part of this action, and there 
is no information in the record inconsistent with the stated goal of 
Executive Orders 12898 and 14096 of achieving EJ for communities with 
EJ concerns.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
oxides, Ozone, Reporting and recordkeeping requirements.

    Dated: December 13, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2024-30413 Filed 12-23-24; 8:45 am]
BILLING CODE 6560-50-P
```